Fourth-Degree Criminal Sexual Conduct in Michigan (MCL 750.520e)

Fourth-degree criminal sexual conduct (CSC) is sexual contact with another person under one of the circumstances listed in MCL 750.520e(1), including force or coercion, contact achieved by surprise, and contact with a person aged 13 to 15 by someone 5 or more years older.^[1][2] The statute calls it a misdemeanor, but the maximum is 2 years, which brings it within the Code of Criminal Procedure's definition of a felony.^[6][7]

This page sets out all eight circumstances in the statute's terms, then the penalty, the court that hears the case, and the registry consequences.

What is "sexual contact"?

"Sexual contact" includes the intentional touching of the victim's or actor's intimate parts, or of the clothing covering the immediate area of those parts, if that touching can reasonably be construed as being for the purpose of sexual arousal or gratification, done for a sexual purpose, or done in a sexual manner for revenge, to inflict humiliation, or out of anger.^[9] "Intimate parts" includes the primary genital area, groin, inner thigh, buttock, or breast.^[10] Whether a touching could reasonably be construed as sexual is viewed objectively, under a reasonable person standard.^[11] See sexual penetration vs. sexual contact.

The eight circumstances in MCL 750.520e(1)

(a) A person aged 13 to 15 and an actor 5 or more years older

"That other person is at least 13 years of age but less than 16 years of age, and the actor is 5 or more years older than that other person."^[1] This age-gap wording is in the contact statute only; the third-degree penetration statute says simply that the other person is at least 13 and under 16.^[12] See age-based CSC charges.

(b) Force or coercion

"Force or coercion is used to accomplish the sexual contact." The fourth-degree statute carries its own list, introduced by "includes, but is not limited to":^[13]

1. The actor overcomes the victim through the actual application of physical force or physical violence.^[13]
2. The actor coerces the victim to submit by threatening to use force or violence on the victim, and the victim believes that the actor has the present ability to execute that threat.^[13]
3. The actor coerces the victim to submit by threatening to retaliate in the future against the victim or any other person, and the victim believes that the actor has the ability to execute that threat; "to retaliate" includes threats of physical punishment, kidnapping, or extortion.^[13]
4. The actor engages in the medical treatment or examination of the victim in a manner or for purposes which are medically recognized as unethical or unacceptable.^[13]
5. The actor achieves the sexual contact through concealment or by the element of surprise.^[2]

The Court of Appeals has said the surprise element may be met where a person had permission to engage in one sexual act but surprised the victim with another, unconsented act.^[14] See force or coercion under the CSC law.

(c) A mentally incapable, mentally incapacitated or physically helpless victim

"The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless."^[4] "Mentally incapacitated" now covers incapacity due to the influence of a narcotic, anesthetic, alcohol, or other substance; 2023 PA 65, effective October 10, 2023, removed the earlier condition that the substance was administered without the person's consent.^[15][16] "Physically helpless" means unconscious, asleep, or for any other reason physically unable to communicate unwillingness to an act.^[17] See incapacitation, intoxication and consent.

(d) Relatives to the third degree

The other person "is related to the actor by blood or affinity to the third degree and the sexual contact occurs under circumstances not otherwise prohibited by this chapter." It is an affirmative defense, which the defendant has the burden of proving by a preponderance of the evidence, that the other person was in a position of authority over the defendant and used it to coerce the defendant. The subdivision does not apply if both persons are lawfully married to each other at the time.^[4] See CSC involving relatives and household members.

(e) Mental health professionals and clients

"The actor is a mental health professional and the sexual contact occurs during or within 2 years after the period in which the victim is the actor's client or patient and not the actor's spouse. The consent of the victim is not a defense to a prosecution under this subdivision." The statute adds that such a prosecution shall not be used as evidence that the victim is mentally incompetent.^[3] See sexual conduct by health and mental health professionals.

(f) Students aged 16 and 17 and school staff

This applies where the other person is at least 16 but less than 18 and a student at a public or nonpublic school, and the actor is either a teacher, substitute teacher, or administrator of that school or district (unless the student is emancipated at the time), or another school employee, contractual service provider, non-student volunteer or assigned government employee who uses that status to gain access to, or to establish a relationship with, the student.^[5] A marriage exception was removed from the teacher provision by 2023 PA 126, effective September 27, 2023.^[18] See teacher-student sexual conduct laws.

(g) Special-education students aged 16 to 25

This applies where the other person is at least 16 but less than 26 and is receiving special education services, and the actor is either a teacher, substitute teacher, administrator, employee, or contractual service provider of the school or district providing those services (unless both persons are not less than 18 and were lawfully married to each other at the time), or a non-student volunteer or assigned government employee who uses that status to gain access to, or to establish a relationship with, the person.^[5]

(h) Residents of child care organizations and foster homes

The actor is an employee, contractual service provider, or volunteer of a child care organization, or a person licensed to operate a foster family home or foster family group home, in which the other person is a resident; the other person is at least 16 years of age; and the sexual contact occurs during that residency.^[5]

Corrections, jail and juvenile-facility staff are not covered here. Those provisions appear only in the second-degree statute.^[19] See CSC second degree.

What is the penalty, and is it a felony?

MCL 750.520e(2) reads: "Criminal sexual conduct in the fourth degree is a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $500.00, or both."^[6] The 5-year mandatory minimum for repeat offenses in MCL 750.520f applies to second or subsequent offenses under the first-, second- and third-degree statutes, which do not include this one.^[20]

Both labels are accurate, and each matters in a different place:

Question	Answer
What does the CSC statute call it?	A misdemeanor[21]
How does the Code of Criminal Procedure define "felony"?	A violation for which the offender may be punished by imprisonment for more than 1 year, or an offense expressly designated a felony[7]
Which court tries and sentences it?	District court trial jurisdiction stops at misdemeanors punishable by not more than 1 year; it holds preliminary examinations for misdemeanors beyond that limit, and a circuit judge sentences[22]
How do the sentencing guidelines class it?	Class G crime against a person[23]
Is probation barred?	No; the probation statute excludes only first- and third-degree CSC among the CSC offenses[24]

Fourth-degree CSC is the only degree whose statute authorizes a fine.^[25] The steps a case goes through are in the timeline of a felony CSC case and the preliminary examination. Probation terms are covered in probation and CSC convictions.

Registry and record consequences

The Sex Offenders Registration Act places fourth-degree CSC in three different tiers by the victim's age.^[8]

Victim's age	Tier	Registration period
18 or older	Tier I[26]	15 years[27]
13 or older but less than 18	Tier II[28]	25 years[27]
Less than 13, where the actor was 17 or older	Tier III[29]	Life[27]

The registry has been reshaped by court rulings, so read registry tiers and the court rulings on the registry before relying on any older summary. Whether a conviction can later be set aside (the popular word is "expunged") is covered in expunging a sex-offense conviction.

How long can the charge be brought?

An indictment for fourth-degree CSC may be found and filed within 10 years after the offense is committed or by the alleged victim's 21st birthday, whichever is later.^[30] 2024 PA 268, which lengthened the period for second- and third-degree CSC committed on or after April 2, 2025, did not lengthen this one.^[31][30] See the statute of limitations for sex crimes.

What people get wrong

"It is just a misdemeanor." It carries up to 2 years, is within the procedural definition of a felony, and is a registry-listed offense.^[6][7][8]

"Force means violence." The statute's list includes threats, unethical medical treatment or examination, and contact achieved through concealment or surprise.^[13][2]

"The 5-year age gap applies to all teen cases." It is an element of subdivision (a) of this statute only.^[1] Penetration with a person aged 13 to 15 is third-degree CSC without any age-gap wording.^[12]

"A client's consent protects a therapist." The statute says consent is not a defense under the mental health professional subdivision.^[3]